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Featured Item
Arbitration Agreements Must Provide For Class Arbitration Explicitly
One year passed since the U. S. Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements which provide for individualized proceedings are enforceable and do not violate either the Federal Arbitration Act (“FAA”) or the National Labor Relations Act (“NLRA”). Since Epic, the legality of class waivers has still been a hot-button issue with multiple arbitration cases on the Supreme Court’s docket. Recently, in Lamps Plus v.
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Publications
Ninth District Court of Appeals Holds Employer Cannot Sue A Provider For False/Misleading Information As To A Claimant’s Disability
In Automation Tool & Die, Inc. v. Medina Hospital, et. al., 9th Dist. No. 19CA009-M, a nurse practitioner was filling out forms requesting treatment and additional conditions using Dr. Terry’s rubber-stamped signature. The company later found claimant was working while receiving temporary total disability compensation and the additional allowances were vacated by the Commission. The company then filed a complaint against the hospital and Dr.
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Light Duty Job Offers Need Not Be In Writing When Defending Against A New Period Of TTD
In State ex rel. Mercy Health v. Indus. Comm. of Ohio, 10th Dist. No. 18AP-64, 2019-Ohio-1859 claimant was injured in 2017 and her claim was allowed for strains to the lumbar region and left wrist. The physician assistant treating the claimant completed a Medco-14 certifying she could not return to her former position of employment but could return to work with restrictions as of May 18, 2017.
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Ohio House Passes House Bill 80
On June 5, 2019, the Ohio House passed a workers’ compensation budget bill which included a requirement that claimants reveal their citizenship status on the claim application. Providing false information in response to this question would result in an ineligibility to participate in the fund and possibly criminal prosecution for fraud.
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Look In the Sky: It’s a Bird, It’s a Plane, It’s OSHA
On May 18, 2018, OSHA issued an internal memorandum to its regional administrators outlining procedures for the use of “drones” during inspections. Despite the fact this memorandum was issued nearly a year ago, very little is known about the practical impact on enforcement activities. Employers need to remember that OSHA does not have unlimited search authority.
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May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in Construction
The 6th annual National Safety Stand-Down to prevent falls will take place the week of May 6-10, 2019. Falls from elevation continue to be a leading cause of death for construction employees, yet each one is preventable. The stand-down is a voluntary opportunity for employers to pause work and have a conversation with workers about fall hazards, protective methods, and the company’s safety policies, goals and expectations.
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Events
- May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more
